ROGER B. THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-02-21
No. 3D05-2451
Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.
949 So. 2d 319 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals the trial court’s denial of his Petition for Writ of Habeas Corpus. We affirm.

The defendant was convicted for multiple offenses relating to his armed burglary of a Taco Bell restaurant. He has filed numerous postconviction motions attacking his burglary conviction. The instant habe-as petition is yet another such attack. It is successive, time-barred and meritless. For these reasons, the trial court should have dismissed the habeas corpus petition instead of denying it on the merits. Baker v. State, 878 So. 2d 1236, 1245-46 (Fla. 2004). However, in order to save judicial resources, we affirm. Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Huntley H. Thompson v. State, 994 So. 2d 1176 (Fla. 3d DCA 2008)
    …petition for writ of habeas corpus. Thompson’s claims should have and could have been raised on direct appeal or in a timely filed Florida Rule of Criminal Procedure 3.850 motion. Baker v. State, 878 So. 2d 1236, 1241-42 (Fla.2004); Thomas v. State, 949 So. 2d 319 (Fla. 3d DCA 2007). Furthermore, the trial court did not err in denying the petition as a Rule 3.850 motion because Thompson has brought this issue before the trial court and this Court on multiple occasions. As such, it is successive and time-bar…
  • Carroll v. State, 967 So. 2d 358 (Fla. 3d DCA 2007)
    …cuit court order denying his petition for writ of habeas corpus and motion to correct illegal sentence. We affirm-both because both the petition and motion were facially insufficient and because they were successive and time-barred. Thomas v. State, 949 So. 2d 319 (Fla. 3d DCA 2007). Affirmed.…
  • Comesanas v. State, 246 So. 3d 565 (Fla. 3d DCA 2018)

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